Villkor under garantitid i entreprenadförsäkring, en jämförande studie.
In Sweden there is no legal regulation for the obligations and responsibilities between the contracting parties within the construction, civil engineering and installation sector. To clarify uncertainties regarding the liability, actors from theses sectors have agreed upon a voluntary regulation, called the General Conditions of Contract.When insurance companies want to enter the Swedish construction insurance market, they face a regulatory framework that not only regulates the construction market, it also imposes requirements on terms and conditions that must be included in the construction insurance. These terms are perceived as ambiguities and create difficulties and inhibit the ability for these insurance companies to offer competitive insurances. One of the terms that create these difficulties is the guarantee period, which is period of time starting from handing over the construction project to the employer, during this period the contractor still has the responsibility for the construction project. The guarantee period regulated by the General Condition of Contracts differs from the international use of the term both in length and in content. The purpose of this thesis is to expose the differences and similarities between the term "guarantee" in comprehensive all risk insurance regulated by the General Conditions of Contract; AB 04 and ABT 06 with two international used insurance policies from reinsurance companies Munich Re and Swiss Re and defect exclusions LEG and DE. The problem discussed in this thesis is whether the exposure of risk for the insurance companies during the guarantee period is comparable or if they deviate? The results presented in this thesis indicates that the guarantee period regulated by AB 04 represents a lower risk exposure than the guarantee period regulated by ABT 06 and that the guarantee period regulated by ABT 06 is most comparable to guarantee period compared in this thesis.The result presented partially confirms simultaneously partially refutes the apprehension insurance companies have regarding the guarantee period according to the General Conditions of Contract, this knowledge about the guarantee period can be used so that more insurance companies can establish on the Swedish construction insurance market.